The construction of a Will can alter the date from which it “speaks”. This is an important factor in interpreting the Will, as a small change in its wording can change the way gifts apply. Therefore, it is important to understand how the ordinary rules affect the date from when does a Will Speak. The …
Use a Will to Protect Assets of People with a Terminal Illness
Not a cheerful subject, however, most of us are reluctantly aware that we are not immortal. Some people shall never be aware of the timing of their demise. However, for others, they will be diagnosed with a terminal illness and must continue for the remainder of their life with the additional burden of that knowledge. …
Use a Will to Protect Assets of People with a Terminal IllnessRead More
What Happens if a Will cannot be found after a Death?
Upon occasion, people die and although their surviving family members are certain that there is an existing Will somewhere, they simply cannot find it, so what happens if a will cannot be found after a death? This could be because the official document is being held by the legal firm which created it, so it …
What Happens if a Will cannot be found after a Death?Read More
Excluding an Estranged Family Member from Inheriting
Whilst it is unfortunate, sometimes there are family members (estranged spouses, children, stepchildren, etc.) that have behaved in such a way as to motivate someone (a Testator) to arrange or change their Will so as NOT to provide for such a person or people and excluding an Estranged Family Member. Although in many European countries, …
Excluding an Estranged Family Member from InheritingRead More
Do-it-Yourself (DIY) Wills
You could choose to create your own Do-it-Yourself (DIY) Will rather than consult a specialist. This would almost certainly be a “cheap” course of action. Likewise, you could undertake your own dentistry, defend yourself in court against a wrongful accusation of a serious crime or unilaterally educate your children up to degree level. These would …
The Importance of Secure Will Document Storage
Wills are unique documents because you can really only have one legally valid version at any one time, other than additional foreign Wills, and so it is vital we have secure will document storage. We can have legally valid certified copies of many types of documents which can be provided as evidence of a document’s …
Who can Witness a Will?
So who can witness a will? well to be legally valid, a Will must comply with all the requirements set out below: The Will Must be in Writing and Signed by the Testator The Will must be in writing whether this is handwritten or generated using modern word-processing technology. There is no requirement for the …
Can an Executor of a Will be Removed?
An Executor of a Will has a legal duty to administer the deceased’s estate. They must make sure assets are identified and called in, debts owed by the deceased are paid, any taxes are declared and paid, and the remaining assets are distributed to the correct people according to the deceased’s Will. Executors are expected …
Co-Ownership of Property
How do you Jointly Own your Property and Why Does it Matter When you Die? When you buy a property, you may be buying it with someone else and you become co-owners as a result. There are two different ways to jointly own property, being either “Joint Tenants” or “Tenants in Common”. Despite the word “tenant” …
How does Someone Contest a Will?
Disputes regarding Wills are becoming increasingly common due to the value of the estates involved, so how do you contest a will? Well, continued increases in property prices have also contributed to this problem, in this post we give some ideas as to how someone could contest a will. There are various reasons for someone …
Should you Review your Existing Will?
TRF Wills recommends that you review your existing will & estate plan every 3-5 years. This is to make sure that your Will still matches your wishes. We also recommend reviewing your planning when you have a change in your personal circumstances or when a beneficiary has a change in their circumstances. Many a bitter …
How do I know that my Will is valid?
Questions that we receive regularly include “How do I know that my Will is valid?”; “For How long does my Will stay valid?”; and “Can I make any changes to my Will?” How do I know that my Will is valid? As soon as your Will has been signed correctly it becomes a legally valid …